People v. Corder

Filed 8/23/18 CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Plumas) ----

THE PEOPLE, C084565

Plaintiff and Respondent, (Super. Ct. No. F1600107)

v.

DANNY JERRY CORDER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Plumas County, Ira Kaufman, Judge. Affirmed.

Joy A. Maulitz, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Daniel B. Bernstein and Paul E. O'Connor, Deputy Attorneys General, for Plaintiff and Respondent.

Following a jury trial, defendant Danny Jerry Corder was convicted of four counts of assault on a peace officer with a deadly weapon or by means likely to produce great bodily injury, one count of felony evading a peace officer while driving in a reckless

* Pursuant to California Rules of Court, rules 8.1105 and 8.1110, this opinion is certified for publication with the exception of parts II, III, and IV of the Discussion.

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manner, and two counts of resisting an officer, along with an enhancement for personally inflicting great bodily injury. The trial court imposed a 12-year state prison term. On appeal, defendant contends: (1) he cannot be convicted of felony evasion for driving that took place only on private roads; (2) there is insufficient evidence to sustain the felony evasion conviction; and (3) sentencing on the felony evasion count should have been stayed pursuant to Penal Code section 654. He additionally asks us to conduct an independent review of the trial court’s ruling on his Pitchess1 motion. We affirm. BACKGROUND In February 2016, codefendant Annette Payne lived with her family on a 30-acre family property on Cemetery Road in Portola. Defendant was her boyfriend at the time and often stayed on the property with her. On February 4, 2016, at about 9:40 p.m., Plumas County Deputy Sheriffs Bjorn Berg, Tom Klundby, and Jeremy Beatley entered the property to conduct a probation search on Payne. The deputies arrived in two marked vehicles and were in uniform. They parked about 100 feet from the Payne residence and approached it on foot. As they walked up the driveway, Deputy Beatley heard a pickup truck start its engine. He shone his flashlight at the truck and saw defendant, who Deputies Beatley and Klundby knew had a suspended driver’s license. Deputy Beatley shone his flashlight on himself so defendant would know he was a law enforcement officer. Defendant drove his truck at the deputies. The deputies jumped or ran to avoid being run over. Defendant drove within eight to 12 feet of the deputies, then made a U-turn and went back in the direction from whence he came. The deputies entered their respective vehicles, activated the emergency lights and flashers, and pursued defendant. The vehicles drove at around 30 to 35 miles per hour,